A democratic system of government, which focuses on its primary purpose, precisely its greater democratic stability, is a mixed system of semi-presidentialism, with a direct election of the President of the Republic, the power to elect the Council of Ministers and submission to a political evaluation by parliament.
1. Introduction
When a nation arises, it is necessary to establish a system of government that controls and organizes life in society with the purpose of guaranteeing the stability of the state and the continuity of its existence.
Political or government systems-forms can be analyzed from two perspectives: one referring to the institutional mechanisms they create to exercise control over the interaction of the members of a society, seeking to give it order; and another that corresponds to the social structure of the nation mainly due to its history. In this sense, the government systems seek to be stable and efficient through their control mechanisms and they achieve this by harmonizing the two perspectives already mentioned.
We must mention that the forms or systems of government are basically presidentialism, parliamentarism, and semi-presidentialism. But, it is also necessary that we specify that the semi-presidential system has not yet been imposed in any state (at least according to our records), this is the importance and significance of this work, if we consider that a priori this latter system would come to be configured as the call (in the future) to establish itself in most (if not all) of democratic states.
2. Origin
In the mid-twentieth century a third model emerged that combined principles of power organization from both the presidential and parliamentary systems. This is the institutional design of the Fifth French Republic, founded in 1958. From the constitutional point of view, the French system is neither presidential nor parliamentary, but a mixed system.
3. Definition
The semi-presidential system is a term used for the first time by the French political scientist Maurice Duverger, in his work entitled “Political Institutions and Constitutional Law”. This designates a political system, in which a president elected by universal suffrage coexists with a responsible prime minister and cabinet before the legislative assembly.
It seems at first glance that the presidentialist and the parliamentarian coexist simultaneously in this, however in reality, they are two systems that due to their differences are difficult to merge, therefore it is said that it can operate in some cases according to mechanics. of a presidential system and in other cases according to the mechanics of the parliamentary system, or it can also produce a division of powers in the executive in such a way that the president and prime minister enjoy broad powers in specific areas.
It is said that, in general, the countries that have adopted the semi-presidential system are those in which there were threats to the stable operation of parliamentary institutions. Furthermore, it seems that this system has become the most appropriate for those democracies characterized by multiparty and politically fragmented systems.
4. Features
- the president is elected by universal suffrage. The executive power is divided into the president of the republic or head of state, directly elected, and a prime minister or head of government, appointed by parliament. The president or head of state shares the executive power with a prime minister, establishing a dual structure of authority with the following defining criteria: a) the president is independent from parliament, but he is not allowed to govern alone because his will must be channeled and processed through his government and b) the prime minister and his cabinet are independent from the president, but depend directly on parliament, for this reason they are subject to the vote of censure and the vote of confidence, which is why they require the support of the parliamentary majority.The dual authority structure of semi-presidentialism allows different balances of power, as well as variable predominance of power within the executive, under the rigorous condition that the 'autonomy potential' of each executive component unit subsists. the president of the republic proposes to the cabinet and the parliament must approve or reject it within a certain period. In case of rejection of the cabinet proposal, the executive may propose another cabinet or call early legislative elections. Congress has a deadline to approve the president's important initiatives. If they are not approved in that time, it could lead to the dissolution of parliament and elections. the vote of censure by the parliament may cause the automatic fall of the minister.
The primary function of the head of state is to ensure the regular functioning of institutions, and he directs foreign policy, diplomacy and the armed forces. On the other hand, there is a parliament organized in two houses. Both arise from universal suffrage: Parliament does not report to the head of state in terms of his election, nor does the head of state report to parliament. The government arises from the national assembly, which can be dissolved by the president of the republic.
The president, head of state, constitutes a one-person power, chosen based on universal suffrage, and in this sense this system resembles the presidential ones. Parliament, for its part, is elected; the prime minister, who emerges from the national assembly, is the one who appoints his ministers. This combination of an elected head of state based on universal suffrage, with an also elected parliament (it is worth insisting) is what gives this system the mixed character.
5. Advantages
- the president is autonomous, but shares power with a prime minister; In turn, the Prime Minister comes from Parliament and must continually enlist his support. The executive power is divided between a head of state - the president of the republic - and a head of government - or prime minister. Each one has a different origin: while the president of the republic emerges directly from the popular vote, the head of government is appointed by the parliamentary majority.
The president of the republic names the latter, in effect, but always attending to the party or the majority coalition in parliament. Thus, although the simultaneous trust of the head of state and the parliamentary majority lies at the origin of the head of government, in practice their permanence depends almost exclusively on that majority. The Prime Minister is engaged in the daily political struggle, from which the President is exempt. The head of state maintains a non-conflictive relationship with the leaders of the opposing parties and favors the compromise, negotiation and moderation of the competing forces. Therefore, it plays a role of referee.
- in this system, the dissolution of parliament is a weapon in the hands of the president because it is sought that the latter have, as far as possible, a related parliamentary majority. The president dissolves parliament based on political calculations, according to which this action cannot be implemented at any time or under any circumstance. In other words, although there are no limits or conditions to dissolve parliament, it is only done when there are political circumstances to lead a majority of its own to parliament or when, although this is not achieved, it is about reducing political costs in the medium term. As the President of the Republic is elected by universal and direct vote, Parliament does not have the possibility of obstructing the presidential function nor can he remove him. However,the president can dissolve parliament. Here dissolution is the mechanism through which it is intended to avoid the empire of the parties, as well as giving way to the construction of coherent majorities. Thus the president enjoys a certain supremacy because, among other provisions, the constitution institutes and empowers him as the guarantor of the regular functioning of the institutions. One of its essential responsibilities, therefore, is to ensure that the entire institutional structure functions without obstruction. For this reason, the remedy of dissolution acquires its true dimension. There is, therefore, a certain constitutional preeminence of the president over the national assembly. Parliament can appoint governments, although it has nothing to do with the head of state.Since he appoints the government (the prime minister and his cabinet), he also has the power to remove him, that is, he can censure him. In this and other ways (such as explanations and justifications for government acts) there are, as in systems parliamentarians, control mechanisms between parliament and government; The latter is subject to the surveillance and permanent control of the parliamentary majority from which it arises. That majority may come from a single party or a coalition of parties. In general, French legislative majorities arise from party, right or left coalitions. The organizational, social and political strength that the parties developed in this system made them factors in the improvement of institutions.Political institutions and parties began to have an interaction that transformed them into complementary and reciprocally dependent dimensions. Neither the parliament can be established and function without the parties nor the presidency of the republic can be instituted or operate if it is not with the support of a political organization that gives it social support and supports it in the development of government programs, thus, the fifth republic is not only exhausted in institutional design, its understanding is more complete when it is integrated into political parties, which appear as the engine of the institutional set. The semi-presidential regime has the advantage that it preserves an element of stability in the figure of the President of the Republic who serves as head of state.It also allows exercising political control over the government and integrating the powers of the executive and the parliamentary majority. It has mechanisms to demand political responsibility outside the electoral period and with them the concept of democracy as a limited exercise of power is strengthened. it incorporates some of the flexibility of parliamentarianism without thereby giving up the popular election of the president.
6. Disadvantages
- in this system the division of powers has a greater degree of complexity than in the previous ones, because the executive and the legislative are at the same time separate and united. It does not solve the problem of contradictory majorities that afflicts presidentialism and, rather, if there is a dual structure, it can transfer it to the internal executive branch. There are many other problems.
7. Conclusions
- The analysis of any political system of a state must be carried out taking into account two great factors: a) the social reality (or real constitution, understood as the economic, social and political context existing in a society, the social structure of a community product of its economy, degree of education, urban-rural composition, history and culture) in which it develops and b) its formal constitution (understood as the machinery that establishes the institutions and laws that must produce that must produce a stable society). All accounts that the success or failure of political systems will depend on the harmony of these factors. The main forms of democratic government are presidentialism, parliamentarism, and semi-presidentialism. Although it is true that they have in common the division of powers into three parts (legislative,executive and judicial), it is the cooperation between the three that must make possible the stability, efficiency of the political system and the control of power for the protection of citizens. The semi-presidential system contains elements of the parliamentary and presidential system, it is therefore a mixed system whose characteristics favor democracy, as well as the stability and efficiency of the political system. Since it cancels the possibility of a conflict of powers that could jeopardize the stability of the system. a democratic system of government, which focuses on its primary purpose, precisely its greater democratic stability, is a mixed system of semi-presidentialism, with a direct election of the president of the republic,the power of the election of the council of ministers and the submission to a political evaluation by the parliament.
8. Suggestions
- We propose the gradual implementation of a semi-presidential system in the Peruvian state, but we also consider that within the same system to be implemented, the president of the Council of Ministers should be given a greater role, that the investiture vote be an authentic parliamentary commitment to support the measures that are exposed to them.
9. Annex
Countries and government systems
| Argentina | Bicameral Presidential |
| Germany | Parliamentary |
| Australia | Parliamentary monarchy |
| Austria | Parliamentary |
| Belgium | Parliamentary monarchy |
| Bolivia | Bicameral Presidential |
| Brazil | Bicameral Presidential |
| Bulgaria | Unicameral Member of Parliament |
| Canada | Parliamentary |
| Colombia | Presidential |
| South Korea | Unicameral Presidential |
| Chile | Presidential |
| Denmark | Parliamentary monarchy with a camera |
| Ecuador | Presidential |
| Egypt | Unicameral MP |
| Slovakia | Parliamentary |
| Slovenia | Parliamentary |
| Spain | Parliamentary monarchy |
| Finland | Parliamentary |
| Georgia | Presidential |
| Greece | Unicameral MP |
| Hungary | Unicameral Member of Parliament |
| Ireland | Parliamentary |
| Iceland | Unicameral MP |
| Israel | Parliamentary |
| Italy | Parliamentary |
| Japan | Parliamentary monarchy |
| Norway | Parliamentary monarchy |
| Panama | Presidential |
| Paraguay | Presidential |
| Peru | Presidential |
| Poland | Parliamentary |
| Portugal | Presidential |
| Romania | Parliamentary |
| Sweden | Unicameral Parliamentary Monarchy |
| Switzerland | Parliamentary (with strong elements of direct democracy) |
| Thailand | Parliamentary |
| Uruguay | Bicameral presidential |
| Venezuela | Bicameral presidential |
10. Sources of information
- Chaname orb, raul. Dictionary of constitutional law. Lawyer editions. Third edition updated. Lima Peru. 2004.Caceres Arce, Jorge Luis. Essays on: law and democracy. Improff publishing house. Arequipa, Peru. 2001. Castillo freyre, mario. Conceptual delimitation of presidentialism. In: proposals for constitutional reform. Premium graph. Arequipa, Peru. 2002. Garcia takes, Victor. Of the state, the nation and the territory. In: the commented constitution. First edition. Legal Gazette. Lima Peru. 2005. On the internet:
